Accoding to the preparatory meeting which was
held in cairo dated 25,26 february 1997, the
constitutional councils and courts in the
following arab states :
- the Republic of Tunisia.
- the Democratic and popular republic of
Algeria.
- the Republic of Sudan.
- the State of Palestine.
- the State of kuwait.
- the Republic of Lebanon.
- the Socialist people 's Libyan Arab
Jamahiria.
- the Arab Republic of Egypt.
- the Kjngdom of Morrocco.
- the Islamic Republic of the Mauritania.
- the Republic of Yemen.
Hereinafter referred to as " the founders
members " in way to fix the brotherhood, the
friendship between them, establish the concepts
of the law constitution control in the arab
nation and the rale of this control for
protecting the rights and public freedom
,facilitate the exchage of experiences, enrich
the constitutional Knowledge between the
specialized in the constitutionality control and
willing to an arab organization for the
constitutional councils and courts and similar
organisations.
They was agreed on:
Chapter one
Establishment of the Union
Article 1
A Union shall be established between the
organizations that assume the constitutionality
control in the member states, this Union shall
be called : " The Arab Constitutional Councils
and Courts Union " hereinafter referred to as "
The Union " .
Article 2
the Union has an moral personality, it shall be
represented by the chief of the Union or by his
substitute.
Article 3
The permeanant seat of the Union shall be in
Caira.
Chapter two
The aims of the Union
Article 4
The Union seeks to achieve the following aims:
- Organizing & developing
cooperation between its members and
strenghen relations between them.
- Exchang idias, experiences &
information in the field of the
constitutionality control .
- Encouragment of researches &
legal studies concerning the
constitutionality control, specially
concerning the human rights.
- Organizing & developing
cooperation between the Union and similar
organisations at the other states.
- Participation in international
conferences concerning the constitutionality
control.
Article 5
The Union will achieve its aims by the following
ways:
- Publishing periodical magazine
that includes researches , legal
constitutional studies & all judgments and
decisions issued by Constitutional Councils
and Courts.
- Exchange judgments and
decisions sendered by the institutions
effecting the constitutionality control.
- Convene confrences and seminars
to discuss researches and constitutional
studies.
- Exchange visits.
- Encouragment writing ,
translation and publishing in the field of
cnstitutionality control .
- Establishing a legal library in
the Unions seat, provided with arab and
comparative legal publications and bulletins
specialy concerning the constitutionality
control .
Chapter three
The membership of the Union
Article 6
All parties signing this statutes considered as
founders members in the Union, each
organisations - at any arab state ¬comptent
constitutionality control may submit an
application for joining the Union.
Article 7
The member ship of the Union shall be terminated
in one of the following cases :
- Retirment of the Union, by
notifying the secretariat general .
- If One of the members obstained
from settle his financial contribuatuions in
the budget of the Union for two consecutive
years, unless the general assembly decided
by the majority of attendants to suspende
his membership.
- If The organisation lost its
legal entity or its competence in
constitutionality control were cancelled.
Article 8
The constitutional courts and councils in other
arab states may request attend the meetings of
the Union as observer without having the right
of voting .
Chapter four
Union devices
Article 9
The Union has the following devices:
- The general assembly.
- The council of the Union.
- The secretariat-general .
The
first branch
The general assembly
Article 10
the general assembly is composed of the
constitutional
courts and councils members of the Union.
Article 11
The general assembly of the Union has The
following competences:
- Establishment of the financial
and the internal system of The Union.
- Determination of the p{an of
activities of The Union for the next period
- Ratification the gneral budget
of the Union for the two coming years,
budget shall be divided for each year by a
decision of the council of The Union,.
- Confirm and develope the ways
of cooperation between the Union members and
between the Union and similar regional and
international organisations.
- Examine the report of the chief
of the Union about its various activities.
- Election the general secretary
of the Union.
- Ratification of the agreements
conclude by the Union within its object with
other regional and internatinal
organisations.
Article 12
The general assembly shall meet in an ordinary
session once every two years, and it may convene
for an extraordinary session upon the request of
one third of the Union members or if in case of
necessity by a suggestion from the Union council
The general assembly shall determine the peace
of the meeting of the next session at the end of
each session.
Article 13
The meeting of the general assembly shal be
valid if attended by the majourity of its
members, it shall taks its decision by majority
of attending members, unless a special quorum is
required. Each member shall. have one voice. The
assembly shall appoint a rapporteur among its
members.
The
second branch
The council of The Union
Article 14
The council of the Union is composed of the
president of the Union , the vice president ,
the chiefs of courts and the constitutional
arabic councils members of the Union.
The general secretary shall be the reporter of
the council
Article 15
The council of the Union shall have the
following compentences :
- Approving the memership in the
Union by the majority of the attending
members.
- Execute the decisions of the
general assembly.
- Approving Agenda of the general
assembly with coordination with the
secretriate general .
- Studying the project of the
general budget and present it to the general
assembly to be ratified, and accept
donations and tutelages confirming with the
aims of the Union.
- Studying the projects of
decisions and recommendations .
- Appointing an Auditor for the
Union.
- Prepare and organise
conferences and determing the subjects to be
studied and the dates and location of such
conferences.
- Submit a report to the general
assembly at the begining meeting showing for
the acitivties of the Union during the fast
two years and the achieved objectives and
suggest ways to develop its missions.
- Ratify the final account for
each financial year.
Article 16
The general council shall meet in ordinary
session at the location of Union or in any other
state member of the Union once every upon
invitation of its president.
It may meet in extraordinary session in case of
necessity upon suggestion the majority of its
members.
Article 17
The meeting of the general council shall be
valid if attended by the absolute majority of
its members.
Article 18
The council may form subsidiaries committees
among the mem6ers of the Union or refer to
experts to study specifice subjects.
Article 19
The presidence of the Union shall be alternative
and for two years for the chiefs of courts ,
constitutionals councils members accord1ng to
the alphabetical order of their states.
The president of next session shall be the vice
president of the Union.
Article 20
The president of the Union shall be comptent to
order to spend and he may authorize the vice
president or the general secretary to do this
mission.
Article 21
The president of the Union shall exercise his
other compentences accord1ng to the provisions
of these statutes.
The vice president shall exercise the presidents
comptences in case of his absence for any
reason.
The
third branch
The general secretariat
Article 22
The general secretariat is the executif device
of the Union. It is managed by general secretary
elected for four years by the general assembly
by the majority of members.
Article 23
The general secretariat has the following
competences :
- Execute the decisions of the
general assembly.
- Be the secretariat of the
sessions of the general assembly and the
council of the Union, plus note its meetings
and prepare the project of the Agenda for
the meeting.
- Prepare the subjects to be
submitted to the Union council and the
general assembly , and preparation of the
essential documents and reports.
- Save documents.
- Handling the financial and the
administrative affairs.
- Addressing attending
invitation, decisions and recommendations
issued by the Union devices to the members
and to the observers.
- Supervising the publishing of
researchs, studies , magazines, bulletins,
periodicals issued by the Union and observe
its distribution.
Article 24
The general secretary shall submit a report
about secretaraite - general activities to the
Union council at every session.
Article 25
The Egyptian Supreme Constitutional Court shall
assume -as the court of the location - its
financial burdens, except those concerning to
the secretary - genenral remuneration which
shall be determined by the Union council .
Chapter five
Financial Provisions
Article 26
7fie financial resources of The Union consist of
:
- Members contributions . The
rules and proportion of such contributions
shall be determined according to the rules
of the Arab Lague budget.
- The donation and the tutelages
and other subventions of the Arab states or
of regional and international organizations
according to Te Union purpose.
- Coming revenues of The Union
activities.
Article 27
The financial year of the Union shall begin on
the first
january of each year and shall terminate on the
31 of december.
Article 28
The finacial system of the Union shall indicate
how to manage ifs fund, the regulations of
expenses, the bases of depositing budgets and
the ways of ifs execution, and all other
financial rules.
Chapter six
General Provisions
Article 29
All or some provisions of these statutes may be
amended upon a suggestion of any member of The
Union. Amendment shall be effected by a decision
of the general assembly by the majority of two
third of ifs members.
Article 30
These statutes shall enter into force after
their signature of all founders members.
Transitional Provisions
Article 31
As an exception from article 19, the chief of
the Algeria Constitutional Council will be the
president of The Union for the first session
starting after the signature of these statutes.
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